Can you sue a landlord for apartment accident injuries in Texas?
You can sue a landlord for apartment accident injuries in Texas if you believe their negligent or wrongful behavior caused your injuries. If you got hurt because your landlord didn’t do their job in keeping the apartment safe, you have the right to take legal action. You can file a lawsuit with the help of a Texas premises liability attorney to hold the landlord accountable and demand compensation for the harm you have suffered.
What Duties Does a Texas Landlord Have to Keep Their Tenants Safe?
In Texas, landlords have a legal responsibility to keep their tenants safe. This responsibility covers several key areas. First, property owners must ensure that their properties are in good repair. This means fixing any damage or issues that could cause harm, like broken stairs or leaky roofs. They must also keep common areas, like hallways and laundry rooms, clean and free from hazards.
Another important duty is to install and maintain proper security measures, such as working locks on doors and windows. If a property has a history of crime, landlords might need to take extra steps, such as hiring security personnel or installing security cameras.
Landlords must also follow all building and safety codes. They must ensure the property’s electrical wiring, plumbing, and structural elements meet specific safety standards. If a landlord fails to meet these duties and a tenant gets hurt, the landlord could face legal action. Contact our Houston premises liability lawyer today.
Who Could Be Held Responsible for an Apartment Accident in Texas?
When an injury accident happens in a Texas apartment, several parties might be responsible, including:
- The landlord – The landlord often bears responsibility in these cases, especially if an accident results from a problem they should have fixed, like a broken stairway. Landlords must keep the property safe. If they fail to do so, they can be liable for injuries.
- A property management company – A property management company could also be at fault. If they manage the apartment on behalf of the landlord and neglect their duty to maintain the property or address safety concerns, they can be held accountable.
- Maintenance companies – Other companies involved in maintaining a property, like maintenance or security firms, could be responsible, too. If their failure to do their jobs properly leads to an accident, they can be sued for the harm it causes.
- Product manufacturers – In some cases, manufacturers might be liable if an accident occurs because of faulty products, such as broken smoke detectors or defective appliances.
What Types of Accidents Can Happen in Apartment Complexes?
Here are some examples of accidents that can occur within apartment complexes:
- Slips and falls often happen in apartment complexes when floors are wet or there’s debris in walkways. For example, someone might slip on an unmarked wet floor in a lobby or trip over loose carpeting on a staircase.
- Fires in apartment complexes can start from many sources, such as cooking mishaps, electrical faults, or burning candles. Once a fire ignites, it can spread quickly, endangering the lives of many residents.
- Assaults can occur if an apartment complex lacks adequate security measures. This might include insufficient lighting in parking areas or broken locks on entry doors. Such conditions can make it easier for an attacker to target residents, leading to situations where tenants get hurt.
- Swimming pool accidents are another risk in some apartment complexes. Without proper safety measures like secure fencing or clear pool rules, residents and visitors are at risk of drowning or getting injured. Slippery pool decks can also contribute to fall injuries.
Why Do Apartment Complex Accidents Happen?
Certain conditions can significantly increase the risk of apartment accidents and injuries, such as:
- Broken smoke detectors
- Inadequate lighting
- Damaged stairs
- Slippery floors
- Faulty electrical wiring
- Leaky pipes
- Cracked sidewalks
- Unsecured rugs or carpets
- Exposed wiring
- Broken windows
- Faulty locks on doors or windows
- Inaccessible fire exits
- Poorly-maintained elevators
- Malfunctioning appliances
- Poorly-maintained or unfenced swimming pools
- Broken handrails
- Overgrown vegetation on pathways
- Uneven flooring
- Lack of security on premises
- Insufficient fire extinguishers
- Unsafe balcony railings
What Are Common Apartment Accident Injuries a Landlord Could Be Responsible For?
Apartment landlords can be responsible for a wide range of injuries caused by unsafe conditions, including:
- Cuts and lacerations
- Broken bones
- Concussions
- Sprains and strains
- Burns
- Electrical shock injuries
- Smoke inhalation
- Carbon monoxide poisoning
- Drowning, in cases of swimming pool accidents
- Frostbite due to inadequate heating
- Heatstroke due to inadequate cooling
- Respiratory problems from mold or dust
- Insect bites and stings due to infestations
- Slip and fall injuries
- Dog bites if pets are allowed and not properly controlled
- Injuries from falling objects due to poor maintenance
How Long Do You Have to File a Lawsuit Against a Landlord in Texas?
If you suffer an injury in an apartment accident in Texas and believe your landlord is at fault, you typically have two years from the date of the incident to file a lawsuit. This strict filing window means you must act quickly. If you wait too long and miss this two-year mark, you’ll lose the opportunity to sue for the harm you have suffered because of the accident. This could mean missing out on compensation for your medical bills, lost income, and any other losses you incur due to your injuries.
Contacting a lawyer as soon as possible after the accident is essential. A lawyer can help you identify and meet the deadline that applies to your unique situation. They will take care of filing your claim on time and following all the necessary legal procedures promptly. By getting a lawyer on your side right away, you preserve your chance to demand accountability and fair compensation.
Contact a Texas Premises Liability Lawyer
Do you suspect you have a premises liability case against your landlord after an apartment accident injury in Texas? If so, the knowledgeable team at Fleming Law can help. Contact us today to learn how in your free initial consultation session.
Brendan received his JD from South Texas College of Law and his MBA from Baylor University. He then began his legal career as in-house counsel for a publicly-traded company, advising on matters such as mergers and acquisitions, securities, compliance, and general corporate transactions. He then worked at a national law firm in which he represented commercial banks, private equity firms, and business owners in complex transactions before joining Fleming Law, Brendan uses his considerable knowledge of business-related matters by working on cases involving business law, real estate law, and contracts. Connect with me on LinkedIn
